As urban agglomerations expand, certain industries take refuge in their acquired rights by invoking the precedence of their installation.
As urban areas expand, certain industries hide behind their acquired rights by invoking the prior installation of their facilities.
For example, neighbors living near a shooting range address the Court* to ask that the range reduce its operating hours so that the inconveniences do not exceed the limits of tolerance. The range is open two evenings a week as well as Saturdays, 52 weeks a year, and the neighbors complain that the constant noise from the shots is unbearable.
In its defense, the range argues that it "religiously" complies with municipal regulations, especially since its facilities predate the surrounding residential developments. The Court clarifies that "it is not the prior installation of the facilities that should be taken into account, but the prior inconveniences suffered by the neighbors".
The evidence shows that the neighbors did their due diligence before buying their homes and found that the noise at the time was tolerable. They were entitled to expect that the range would continue to operate without causing excessive inconveniences to the neighborhood, as stipulated in the Québec Civil Code. The Court rules in favor of the neighbors and orders the range to reduce its opening hours.
Although enjoying certain acquired rights based on prior installation, these rights do not allow the range to increase the inconveniences suffered by its neighbors. Every right has its limits, especially when you have neighbors.
*CA 200-09-008750-140
